Illinois Wage Garnishment: What You Need to Know to Stop It

In Illinois, most creditors must sue you and win a court judgment before they can garnish your wages. Some debts work differently. Taxes and child support can be garnished without a court order. Once the court approves the garnishment, your employer must withhold part of your paycheck. The law limits how much they can take. Garnishment continues until the full debt is paid off. Many people stop garnishment by filing Chapter 7 bankruptcy. Bankruptcy triggers a legal pause on collection efforts and can eliminate the debt entirely.

What Is Wage Garnishment?

Wage garnishment happens when money is taken from your paycheck to pay a debt. In most cases, the creditor must first sue you and win a court judgment. With that court order, they can ask your employer to take part of your wages. The money goes directly to them. Garnishment typically continues until the debt is paid off.

Illinois law limits how much of your paycheck can be garnished. The exact amount depends on your income and legal protections. We’ll explain these limits below.

Some debts don’t require a court order to be garnished. Government agencies can garnish wages for unpaid taxes or federal student loans without suing first. Child support and alimony also follow different rules under state and federal law.

Who Can Garnish My Wages in Illinois?

For most consumer debts, creditors need to get a court order called a Wage Deduction Order. Then they can garnish your wages. Consumer debts include credit cards, medical bills, and personal loans.

Some loan contracts include something called a wage assignment. This is a voluntary agreement that lets the lender take money directly from your paycheck. Payday lenders sometimes include wage assignments in their loan terms. Wage assignments aren’t the same as wage garnishments because they don’t go through the court.

This guide focuses on court-ordered wage garnishments for typical consumer debts.

Illinois Wage Garnishment Process

If a creditor wins a judgment against you in Illinois, they can ask the court to start taking money from your paycheck. They begin by sending legal paperwork to your employer and a copy to you.

This paperwork might be called a Citation to Discover Assets or a Wage Deduction Summons. The name depends on the county. Either way, the process works the same.

Before the hearing, the court asks your employer to verify your employment. They also request information about how much you earn. Once the judge issues a Wage Deduction Order, your employer starts taking money from your paycheck. The money gets sent to the creditor.

You don’t have to go to the hearing. But it’s your only chance to object. Some people go to show that their wages are protected. Regular wages usually aren’t exempt from garnishment. But other types of income may be. This includes Social Security, unemployment, workers’ compensation, and public assistance.

You can also object if the amount in the judgment is wrong. Maybe you’ve already made payments that weren’t subtracted from the balance. But keep in mind: You can’t challenge the judgment itself during this hearing. You can only question the remaining balance or whether the income can legally be garnished.

How Much of My Paycheck Can Be Taken by Wage Garnishment?

A creditor with a wage garnishment order can’t take your entire paycheck. Illinois law limits how much they can take each pay period. They’re only allowed to take the smaller of:

• 15% of your total earnings before taxes
• Any amount you take home that’s more than 45 times the minimum wage

Illinois’ minimum wage is $15 an hour. If you multiply that by 45, you get $675. That means if your take-home pay is less than $675, your employer can’t take anything. If it’s more than $675, they can only take the amount above that limit. And even then, only if it’s less than 15% of your total paycheck.

Wage garnishment continues until the total judgment is paid off. This includes the debt, any court-approved fees, and interest that builds up after the judgment.

Illinois law requires creditors to send you and your employer updates. You get an update on the remaining balance every three months. Updates go out by January 15, April 15, July 15, and October 15. Updates continue until the debt is fully paid off.

How To Stop a Garnishment in Illinois

Once wage garnishment starts, stopping it isn’t easy. In some cases, you might contact the creditor and work out a different payment plan. This is rarely successful. Creditors usually only move forward with garnishment after deciding it’s their best option. Still, if your wages are low, a creditor might be open to another arrangement.

Most of the time, there are two ways to stop a wage garnishment:

Pay Off the Judgment

You can do this in a lump sum if you have the money. Once the debt is fully paid, the garnishment ends. You can pay through a one-time payment or over time via garnishment.

File for Bankruptcy

Filing Chapter 7 bankruptcy triggers something called the automatic stay. This legal protection immediately stops wage garnishment and other collection efforts. Bankruptcy can often erase the debt entirely. You can speak with a bankruptcy attorney for free to see if you qualify.

Chapter 7 bankruptcy is especially helpful when dealing with wage garnishment. The automatic stay goes into effect as soon as you file. Your employer must stop withholding money from your paycheck. If the debt qualifies for discharge, you won’t owe it anymore. Most credit card debt, medical bills, and personal loans can be eliminated through bankruptcy.

Resources for People Facing Wage Garnishment in Illinois

If you’re dealing with a wage garnishment, you should consult with a licensed Illinois attorney. Even if you can’t afford to hire an attorney, there are legal aid organizations that may help. These are some of the legal aid resources available in Illinois:

• Chicago Volunteer Legal Services
• DuPage Legal Aid
• Greater Chicago Legal Clinic
• Illinois Legal Aid Online
• Land of Lincoln Legal Aid
• Legal Aid Chicago
• Prairie State Legal Services